Increased DUI Penalties In Effect Across Pennsylvania

PENNSYLVANIA — PennDOT is reminding drivers of a new state law that increases the penalties for driving under the influence.

Deana’s Law was signed by Gov. Tom Wolf in July.

The law is named after 45-year-old Deana Eckman, of Brookhaven, who was struck and killed by Matthew Strowhouer, of Newtown Square, on Feb. 16, 2019 in Upper Chichester.

Strowhouer was under the influence when he struck Eckman, and was convicted of his sixth DUI subsequently.

He was sentenced to 25 to 50 years in prison.

PennDOT said the legislation created Act 59 of 2022.

The act amends the Pennsylvania Vehicle Code by increasing the grading for certain DUI offenses, requiring consecutive sentencing for certain repeat DUI offenders, and imposing an 18-month driving privilege suspension for a DUI conviction graded as a felony of the second degree.

Anyone charged with DUI (general impairment) who refuses a breath or chemical test, or who is charged with DUI with a BAC of .16 or higher or a DUI involving controlled substances, can be charged with a third-degree felony for two prior offenses and a second-degree felony for three or more prior offenses.

These felonies are punishable by a maximum term of imprisonment of not more than seven years, and a maximum term of imprisonment of not more than 10 years, respectively.

"This law makes significant changes to existing law that will ultimately increase the protection of all drivers by keeping repeat offenders from continuing to operate a vehicle while impaired by drugs or alcohol after being charged with a DUI," PennDOT Secretary Yassmin Gramian said. "Repeating these offenses puts others at risk and these law changes reflect the severity of these acts to make our roads safer."

Another change under this law is that a sentence imposed on an person for a DUI offense who has two or more prior offenses will be served consecutively to any other sentence the person is serving, or any other sentence imposed by the court, except for violations that are required to be merged.

Additionally, the law provides for a sentencing enhancement in cases where a person has four or more prior DUI offenses.

"Driving impaired puts everyone at risk, and repeat offenders disregard the risk they pose every time they get behind the wheel impaired," said Major Robert Krol, director of the Pennsylvania State Police Bureau of Patrol. "This law enhances penalties for those individuals, and hopefully they will think twice before reoffending."

For more information on this law change, please visit the Driver and Vehicle Services website.